Chapter 77 — Chapter 77

That for the purposes of the preceding two sections [77-16-16 NMSA 1978] a sufficient and suitable fence is defined and declared to be a fence at least four and one- half feet high, constructed of posts and wire, the top wire to be four and one-half feet above the ground and shal…

removal. A. Every railroad in this state, upon discovery of livestock killed or crippled upon a section of the railroad right-of-way, shall immediately make a report thereof to an inspector of the cattle sanitary board [New Mexico livestock board] or to any other person designate…

As used in Article 16 of Chapter 77 [NMSA 1978], "livestock" shall include domestic animals such as cattle, horses, sheep, hogs, goats and buffaloes. History: 1953 Comp., § 47-17-1.1, enacted by Laws 1977, ch. 189, § 2.

animals.] When any trespassing shall have been done by any cattle, horses, sheep, goats, hogs or other livestock upon the cultivated or enclosed ground of any other person, when the same is fenced as provided by Section 77-16-1 NMSA 1978, but not otherwise, such person may recove…

When fences are constructed of barbed wire and posts they shall be built substantially as follows: posts set firmly in the ground aand [and] projecting above the ground not less than four feet, said posts to be not less than two inches in diameter at the smaller end, and to be se…

This act [77-16-4, 77-16-5 NMSA 1978] shall not apply to territory within an incorporated city, town or village nor shall it be construed to repeal, amend or in anywise affect the provisions of Chapter 88 of the Session Laws of 1919, as amended by Chapter 70 of the Session Laws o…

When the fence is constructed of lumber and posts the boards shall be at least one inch thick and six inches wide with posts as described in the preceding section [77-16-4 NMSA 1978] not over eight feet apart and firmly set in the ground as described in said section. The boards […

When the fence is constructed of poles and posts the posts shall not be more than twelve feet apart and of the same size and set in the ground as described in Section 77- 16-4 NMSA 1978. The poles [are] to be at least two inches in diameter at the smaller end and [are] to be at l…

When the fence is constructed of stone, adobe, woven wire or any other material it shall be at least four feet in height and equal in strength to the fence described in Section 77-16-4 NMSA 1978. History: Laws 1909, ch. 13, § 4; Code 1915, § 2345; C.S. 1929, § 50-107; 1941 Comp.,…

All fences shall be considered as under the care and protection of the law, for damages done, or destruction committed thereon. History: Laws 1869, ch. 20, § 1; C.L. 1884, § 1272; C.L. 1897, § 1814; Code 1915, § 2347; C.S. 1929, § 50-109; 1941 Comp., § 49-1808; 1953 Comp., § 47-1…

History: Laws 1939, ch. 115, § 1; 1941 Comp., § 49-2201; 1953 Comp., § 47-20-1; Laws 1969, ch. 117, § 1; 1973, ch. 126, § 1; 1999, ch. 282, § 94; repealed by Laws 2013, ch. 84, § 2.

The record, hides and ears of cattle, sheep and goats shall be open to the inspection by the board for the period of thirty days or until inspected by an inspector, and any butcher or slaughterer who refuses to permit such inspection or examination is guilty of a misdemeanor and …

ANNOTATIONS Repeals. — Laws 1999, ch. 282, § 104 repealed 77-17-11 NMSA 1978, as enacted by Laws 1884, ch. 47, § 22, relating to disposition of fines and penalties, effective July 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com.

A person killing or causing to be killed any livestock for his own use or for the use of others or for the purpose in whole or in part of sale or exchange is required to keep in his own possession, unchanged and unmutilated and in condition to be easily inspected and examined, al…

ANNOTATIONS Repeals. — Laws 1999, ch. 282, § 104 repealed 77-17-13 NMSA 1978, as enacted by Laws 1891, ch. 45, § 2, relating to penalty for failure to retain hides, pelts and ears, effective July 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com…

Inability or refusal to show such hide or pelt to any proper authority within said period of thirty days, or a refusal to so show it at any time thereafter while remaining in the possession of the person by or for whom the animal was killed, shall be prima facie evidence of a vio…

History: Laws 1939, ch. 115, § 2; 1941 Comp., § 49-2202; 1953 Comp., § 47-20-2; Laws 1963, ch. 252, § 5; 1967, ch. 228, § 1; 1969, ch. 117, § 2; 1973, ch. 126, § 2; 1977, ch. 166, § 1; 1999, ch. 282, § 95; 2004, ch. 26, § 2; repealed by Laws 2013, ch. 84, § 2.

History: Laws 1939, ch. 115, § 3; 1941 Comp., § 49-2203; 1953 Comp., § 47-20-3; Laws 1963, ch. 252, § 6; 1969, ch. 117, § 3; 1977, ch. 142, § 2; 1981, ch. 357, § 15; repealed by Laws 2013, ch. 84, § 2.

The provisions of the Criminal Offender Employment Act shall govern any consideration of criminal records required or permitted by Sections 77-17-7 through 77- 17-14 NMSA 1978. History: 1953 Comp., § 47-20-3.1, enacted by Laws 1974, ch. 78, § 8; 2013, ch. 84, § 1.

History: Laws 1939, ch. 115, § 4; 1941 Comp., § 49-2204; 1953 Comp., § 47-20-4; Laws 1993, ch. 248, § 79; 1999, ch. 282, § 96; repealed by Laws 2013, ch. 84, § 2.

History: Laws 1939, ch. 115, § 5; 1941 Comp., § 49-2205; 1953 Comp., § 47-20-5; Laws 1999, ch. 282, § 97; repealed by Laws 2013, ch. 84, § 2.

As used in Sections 77-17-7 and 77-17-8 NMSA 1978, "slaughterhouse" means an abattoir or a place where livestock are slaughtered. History: 1953 Comp., § 47-20-5.1, enacted by Laws 1965, ch. 127, § 1; 1999, ch. 282, § 98.

No person shall establish a slaughterhouse in any location which is within one thousand feet of a residential dwelling house unless, prior thereto, the person shall gain the written consent from at least seventy-five percent of the owners of residential dwelling houses located wi…

A person who carries on the business of butcher or slaughterer of livestock shall keep a true and faithful record, in a book kept for the purpose, of all livestock purchased or slaughtered by him together with a description of each animal, including marks, brands, age and weight …

regulated. The sale, purchase, trade and possession with intent to keep as a pet of any subhuman primate, skunk, raccoon, fox or other sylvatic carnivore may be regulated by regulation of the health and environment department [department of health] for the protection of public he…

A. If a livestock inspector or other peace officer has reason to believe that livestock are being cruelly treated, the inspector or peace officer may apply to a court in the county where the livestock are located for a warrant to seize the allegedly cruelly treated livestock. B. …

No animal shall be destroyed by means of a high altitude decompression chamber or decompression device. History: Laws 1989, ch. 175, § 1.

Any person who violates Section 1 [77-18-3 NMSA 1978] of this act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a definite term of less than one year or both. History: Laws 1989, ch. 175, § 2.

acid testing; Spanish colonial horses; birth control. A. As used in this section: (1) "public land" does not include federal land controlled by the bureau of land management, the forest service or state trust land controlled by the state land office; (2) "range" means the amount …

A. The purpose of this section is to ensure the public health, safety and welfare and to prevent the introduction or spread of disease to New Mexico's livestock and wildlife. B. No person shall import into the state, transport within the state, hold for breeding, release or sell …